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remedies adequately designed to protect specific rights and by implementing appropriate
legal practices; and Article 8(1) establishes the manner in which those judicial remedies
must be filed in any case. States may then adjust their conducts to each one of these
three moments of domestic protection, clearly analyzing whether the rules, remedies,
practices and specific judicial procedures adjusted to the terms provided for in such rules.
Otherwise, States will simple focus on one general problem (in this case, the
unwarranted delay) that would violate, without making any difference, Article 8(1) and
25(1), when it is possible that multiple problems may exist and affect one provision or
the other without necessarily having to be simultaneously applied to.
12.
Moreover, the application of these two provisions, without making any difference,
does not increase nor does it strengthen the protection of the Convention, that is the
purpose and end of this instrument; otherwise, it makes it less effective and more
confusing. The permanent combining application of these provisions reduces the
importance for the State to take precise measures that will eventually solve, in an
effective manner, some of the problems specified in Article 8(1) or Article 25(1). The
State is then discouraged from adopting measures that, though partial, may help
improve the situation of the victim in a case. In other words, the State shall only be able
to comply with the obligations of Article 8(1) and 25(1) of the Convention once it has
solved all and each one of the problems of both articles since, in many situations, solving
those problems related to Article 8(1), would not be sufficient in order to exclude its
international responsibility for the violation of Article 25(1) and vice-versa.
13.
Lastly, I must add that this does not imply that, under certain circumstances, both
provisions cannot be simultaneously violated. But this is not the case.
Diego Rodríguez Pinzón
Judge ad hoc
Pablo Saavedra Alessandri
Secretary
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